Please read the quoted passage.

Took a few days off Phil. Tis the season ya know. I'll get back to it pretty soon, tomorrow maybe.

The TSA's propaganda efforts are slacking and the failure of the TSA propaganda efforts is starting to show as more and more influential opinion-makers are starting to come to the realization that the TSA is putting on a big dog and pony show that is a waste.

The pendulum is starting to swing against the TSA more than ever before. As soon as the strip search machines start resulting in innocent people having their underwear checked for tampons, diapers, sanitary napkins, (and the seizures of those used items happen), the TSA is going to be wishing again for another major terrorist attack -- failed or otherwise -- to give it some propaganda cover to cover up those upcoming news stories about actual dress-downs at airports as a result of the use of the strip search machines.

Yes, I did find this interesting. After sifting through the variety of viewpoints, the gist of it seems to hang on the 9th Amendment Protections. In my reading, this amendment (enumeration of rights) is a serious restriction on the ability of the government to do something to us without our permission. IE government has zero authority, save that we give it, through Congress, the village council or the school board.

I agree with you that the 4th Amendment does permit a passenger attempting to board an airliner (public conveyance or private conveyance held out to the public) at a public airport (or a private airport acting as a public accommodation) to be searched in a very limited manner for a very limited and clearly identified purpose: WEI/aviation hazards.

Many have suggested if I don't like dealing with the TSA/DHS airport screenings, then don't fly. Walk or take the bus. I have my own ways of doing this, all sometimes more inconvenient and sometimes more expensive, but I agree there are alternatives.

So, now my question becomes, if I am denied access to a public conveyance in the furtherance of my personal business interests by being on a no-fly list, TIDE list, or some other list that a government official got a hair in his nose about (perhaps writing on flyertalk?), then how is this reconciled with the 14th Amendment? This amendment gives equal protection of the laws to all comers. The 14th Amendment does not permit the abridgment of privileges or immunities of citizens of the United States by the state. Nor does it allow the deprivation of life, liberty or property without due process of law.

If I am denied my property right of travel by aircraft to my destination timely, (property right by virtue of purchasing a contract for carriage), and the government cannot show that it acted with due diligence and with full regard for the law, when it refused passage, without due process of law, and forced me to take a bus, then it must be prepared to show me why it should not be held accountable for my losses.

�you see what appears to be a stash of drugs in a bag�. Sorry, I guess there is a point of reference issue here. It is not possible to �see� a stash of drugs on the XRay. I can see pills because I have seen enough of them to recognize what the colors and shapes on the screen represent. I can see organics, and based upon the shape or density I can determine what that organic is most likely to be. I cannot tell the difference between pot and many other organic substances. Its just not possible. I know that certain suspect substances have a particular type of image on the screen, and while shape and density can give me clues as to what it might be I cannot tell for certain what that object is.

Example: A hair drier (standard pistol format) does not look like a hair drier on the XRay screen. But given the position of the components, the density of the parts, and the other things that actually make up a hair drier, I can usually tell what that object is. If someone brings a hair drier shaped like a telephone then I will not be able to determine what that object is and will most likely pull the bad for a check.

Could an overzealous TSO find a way to conduct a search on each and every bag that comes through his / her Xray? Sure we can. Why? The average XRay Operator see�s about 200 bags in their current rotation to the XRay, and there is absolutely no way we are going to call a bag check on every single bag unless directed to do so by higher authority. We would need to double man the entire checkpoint just to conduct the bag searches.

If you cant figure that out for yourself, then there is nothing I can do to assist you in this forum.

It IS the business of the federal government where ITS currency goes, specially if it is outside of the country. Now, guess who I work for?

I�m not going to go looking for your cash stash. Nope, just not going to do it. I have no interest in that. But if you happen to have a large brick of $100 bills in the carry on that I am searching, I am going to report it to a supervisor. Its just that simple. Like it or not, there are laws about transporting cash outside of the country. The TSA happens to be in a good position to detect large amounts of cash in bags going outside of the country, but it is not our concern if it is declared or not! Nor do we have the ability to determine if it has been declared or not, which is why we refer it to someone who can. If it is, then there is no problem and off you go to wherever you plan. If its not, well then you have a problem, but in either case its not my problem.

I could, if we had a common frame of reference. Let me see if I can clarify that a bit. Have you ever searched the house for your misplaced keys, and find a sock that you didn�t know was missing?

Tennis balls present no normal threat to air travel. They can be manipulated to do so, but it would be unusual enough and obvious enough to cause concern at the checkpoint.

You have spun the situation around a bit. We look for WEI, and if while we search for these things we find something that SOP requires action, we will take that action. Simple enough?

You may consider it so, but the laws of our nation do not agree with you. The TSO�s are empowered to search for specific things, WEI�s specifically. That means that we actively look for those items. I will open a bag with one of those items specifically in mind to find. If while I am searching for that mystic WEI I find your plastic baggie full of leafy green stuff, I am going to refer it to my supervisor for action. I am also going to find that other suspect item I went searching for in the first place.

Quite easy Phil. Where I live, citizens cannot possess either marijuana or cocaine legally. Makes the call for a LEO easy as pie. And there are still questions about the legality of the California laws concerning the medical use of marijuana. Good thing I don’t live there anymore.

SOP give us a list of things we must report. Since we are not law enforcement officers it is not our place to make determinations of the legality of items other than WEI. Even those items we do not make determinations of legality about, we can only disallow them. If we have concerns, we refer those to a law enforcement officer.

Defendant's Exhibit A. Proof that the boundaries of the TSA administrative search are being overstepped with these kind of statements.

Ok. Here lies the problem, then.

Suppose, hypothetically, that a rogue TSO decides to go on a personal crusade against drugs, and decides to conduct primary searches for drugs, even though it's against TSA policy to do so. From what you've said, it's absolutely possible for that TSO to get away with that violation of policy, because he can always cleverly cloak his actions within the discretion given TSOs. If he sees a bag that he suspects contains drugs (for whatever reason), he can always find a legitimate excuse to call for a bag check, which would result in finding the drugs. Voila; TSA's nuanced policy on "don't look for drugs, but report them if you find them" can be effectively neutralized.

ANYTHING is possible. No exceptions as far as I am concerned. Faster than light travel, understanding God, and rogue TSO’s. But you postulate a single rogue TSO, one who operates outside of the constraints of SOP. Yes, its possible, but then again its also possible that his/her actions will be noted by a fellow TSO, or LTSO/STSO, and reported/dealt with. Operating outside of SOP and directives is seriously frowned upon, in just about every government enterprise.

We can "suppose" until the cows come home and not get anywhere. Why take that road unless you are intending to mislead?

How could it be detected? As I said, every action of the rogue TSO can be seen as working within the rules. Unless the rogue is stupid enough to admit the real reasons for his actions, they can get away with violating TSA policies.

Because if I didn't take pains to state that this was a hypothetical, there are some here (not necessarily you) who would accuse me of rumor-mongering, or making accusations without evidence, or the like. Part of being proactive is trying to find flaws in the system before they occur ... which is, inherently, going to involve hypothetical arguments.

I seem to recall on this forum someone speculating a year ago about what would happen if someone hypothetically tried to smuggle explosives in his underwear. Gee, I'm glad that ridiculous hypothetical never came to pass.

bagscreener,to self, hmmmm are they 16 or 18.5, hmmmmm, I just don't know, so hard to tell(why couldn't more people be into granny porn)better be safe. Think of the children. Oh supervisor

ETA, did you know that's a crime against nature in some states to have\use martial aids?
do these items get reported?


Apparently some of your folks have a hard time understanding domestic v international travel.
And I'm a little slow, so help me with this, how much cash does it take to bring down an aircraft?(presidential coins not included)cuz, I and most of the traveling public thought ya'll were looking for guns and weapons

Without a NIK test or other reliable method of determining whether or not a substance is in fact prohibited narcotics, how are you able to tell if the substance you are looking at may be drugs?

You know it when you see it?

It is not TSA's concern or job to control the movement of cash.

The xray operator has no way of knowing if a person with cash is traveling outside of the country or not.

What you are describing is an abuse of the administrative search process.